DECISION No. 290, date 28.04.2010
08/10/2014Briefing on ODS legislation
08/10/2014- Ozone depleting substances:
a) The substances and their mixture, that deplete the ozone layer, under annexes A, B, C and D of Montreal Protocol, as defined in the appendix 1, enclosed to this decision;
b) The products that contain ozone depleting substances or that have been produced with them, under annexes A, B (Groups I, II and III) and (Group II) of Montreal Protocol, as defined in appendix 2, enclosed to this decision.
- “Equipment” – the equipment’s that use ozone depleting substances, pursuant to Montreal Protocol, as defined in Appendix 3, enclosed to this decision.
- “The quantity of ozone depleting substances that will be imported” – the quantity determined by subtracting from the previous year imported quantity, the stock quantity from that year, and the percentage with which is reduced the general quantity of these substances for the year in which the license is approved, in compliance with the annual quotes, as provided in appendix 4, enclosed to this decision.
- “User of ozone depleting substances” – natural or legal persons licensed to use such substances in the production, maintenance and service processes.
- “Ozone depleting substances processing centre” – licensed units to perform the recycling, reclamation and refining of the ozone depleting substances, in the framework of their phase out process. The processing centres comply with the legislation requirements for fire protection and pressure vessels.
- “Ozone depleting substances use” – their use in the production, maintenance and service processes or in any other process, where they should not serve as feedstock.
- “Recycling of ozone depleting substances” – purification through filtration and removal of moisture of ozone depleting substances, accumulated through drainage, with the view of their reuse.
- “Reclamation and refining of ozone depleting substances” – processing and purification of ozone depleting substances, accumulated through filtration, drainage, distillation and chemical treatment, until it is assured the necessary quality for normal use.
- “Ozone depleting substances substitution” – the process that includes actions for:
a) the reduction of these substances quantities in usage, while respecting the import annual quotes defined for our country;
b) the import of the substances, that perform the same functions, but that act and are environmentally friendly ;
c) starting to fill up the ozone depleting substances, before 2010, with substances that are environmentally friendly;
ç) starting of the import, before the year 2010, of equipment’s that do not work with ozone depleting substances.
- “National Ozone Project Management Unit” (as follows National Ozone Unit)” – the responsible body for following the implementation of the Montreal Protocol requirements at national level, set up near the Ministry of Environment, with the financial support of the protocol secretariat.
- “Montreal Protocol” – the protocol “On substances that deplete the ozone layer”, signed in Montreal, in 1987, with the respective amendments, in which the Albanian republic has acceded with law no.84636, date 10.03.1999 “For the accession of the Republic of Albania in the Vienna Convention “For the Ozone Layer Protection” and the Montreal Protocol “On the substances that deplete the ozone layer””.
- In the Albanian Republic the following are prohibited:
a) the production of ozone depleting substances and of the products that contain these substances, as defined in annexes A, B and (Group 11), D and E of Montreal Protocol;
b) the import and putting in the market of the products that contain ozone depleting substances and of the equipment’s that use these substances, as defined in annexes A, B and E of Montreal Protocol;
c) air discharge/release of ozone depleting substances, as defined in annexes A, B A and E of Montreal Protocol;
ç) the import of ozone depleting substances, of the products that contain these substances and of the equipment’s that use them, from a country which is not party in the Montreal Protocol;
d) the use of ozone depleting substances and of products that contain these substances which are used in agriculture for plants protection;
dh) the export of ozone depleting substances, of the products that contain these substances and of the equipment’s that use them, to a country, which is not party in the Montreal Protocol;
e) the import of recycled or reclaimed ozone depleting substances;
- Ozone depleting substances import, included in Appendix 1, enclosed to this decision, is allowed only on basis of the annual quotes, as defined in accordance with the their phase out diagram until the year 2010, approved in the Albanian Republic, pursuant to articles 2 and 5 (8) of Montreal Protocol. The diagram is shown in Appendix 4 which is enclosed to this decision.
- In special cases exceptions can be made from the quotes given in Appendix 4, when it is needed to protect human life, biological diversity, national security, scientific researches and to handle natural disasters. This exception is allowed only when there are no other solutions with the view of the environment or the other solutions are economically unaffordable.
- Every exception, pursuant to point 3 of this chapter, is made under the decision of the Minister of Environment, based on the reasoned request of the respective public body, where it is defined the type and quantity that needs to be imported, the country from which it will be imported and the delivery time, after it is received in advance the approval of the protocol secretariat.
- Ozone depleting substances importer must assure their label in Albanian language. The label contains the trading name, chemical composition, combine nomenclature code (Ne Code), the risk symbol with the sign, in compliance with the international classification ISO, the notifications for health and environmental risks, the requirements and conditions of storage, so as the general quantity of the packed substances, the production and expiry date.
- Ozone depleting substances import is allowed only in the custom branches that have a certified staff and special equipment’s for their detection and identification, provided by the National Ozone Unit. The Customs General Directorate, after defining these custom branches, makes them public, within thirty days from the date when this decision enters into force.
- Usage is the process that involves:
a) the substitution, based on the needs and possibilities, of ozone depleting substances in the existing equipment’s, by using the imported substances according to the quotes and/or other substances, recommended as environmentally friendly;
b) the accumulation and storage of the ozone depleting substances, that arise during maintenance and repair of existing equipment’s;
c) recycling, reclaiming and refining, reuse or disposal, with approved techniques and technologies, of the accumulated ozone depleting substances in the processing centers;
ç) the use of the products that contain ozone depleting substances or that ore produced with them;
d) ozone depleting substances export, accumulated with the view of recycling or disposal in the cases when the recycling or disposal is not possible within the country;
dh) training and certifying of the users and of the processing centers staff;
e) providing to the users and of the processing centers, the respective equipment’s through the National Ozone Unit.
- The use of the ozone depleting substances is performed only by natural or legal persons, licensed and provided with an environmental license.
- Ozone depleting substances accumulated quantity that cannot be recycled treated under the provided provisions in law no.9108, date 17.07.2003 “For chemical substance and preparations”.
- Pursuant to the requirements of this decision, with environmental license are provided legal and natural persons who ask:
a) to import ozone depleting substances;
b) to use ozone depleting substances, by detailing all the concrete activities that they will perform.
- The import environmental license is annual and it is approved by the Minister of Environment, after the annual report is drafted, as provided in point 7 of chapter V of this decision. A copy of the approved license is transmitted to the Customs General Directorate.
- The request form and the import environmental license form should be pursuant to Appendix 5, enclosed to this decision.
- In the environmental license is defined the quantity of the ozone depleting substances that will be imported.
- When the environmental license is made for import and for the processing centers of ozone depleting substances, the regional environment agency, in consultancy with the National Ozone Unit, drafts in written form his idea and practice and transmits it to the Ministry of Environment.
- When the request is for the use of ozone depleting substances, the environmental license is issue by the regional environment agency itself, in the form of an authorization, after being consulted with the National Ozone Unit.
- The requirements to use the ozone depleting substances or the equipment’s that use such substances, deposited by the customs body in the state storage, are not reviewed and for them is not issued an environmental license.
- The request and approval of the environmental license for import or for the use of ozone depleting substances is performed pursuant to the procedures under law no.8990, date 23.01.2003 “On the environment impact evaluation” and in the bylaws on its implementation.
- The environment license is given against the service fee, which is defined by guideline of the Minister of Environment.
- The monitoring of the phase out process, until year 2010, of ozone depleting substances and of the equipment’s that use such substances, is part of the National Program of Environment Monitoring and with the view to assess, ongoing, the implementation extent of Montreal Protocol requirements.
- In monitoring are included the data for:
a) ozone depleting substances import and usage ;
b) the stock created in the states storages of the equipment’s that use ozone depleting substances, prohibited by customs bodies.
c) the stock created in the states storages of ozone depleting substances, prohibited by customs bodies.
- The data’s for the import and usage of the ozone depleting substances and of the equipment’s that use such substances are provided by the respective registers.
- National Ozone Unit sets up and keeps the state register of the ozone depleting substances. The register formatting and the way of communication and consultation of its data’s are approved by guidelines of the Minister of Environment.
- Registers are also kept by:
a) natural or legal persons that import, export in, use or process ozone depleting substances;
b) Customs General Directorate, for the imported quantities of ozone depleting substances.
- The registers data’s are reported to the National Ozone Unit within the 25th of December of each year. The above mentioned persons in letter “a” and “b” of point 5 of this chapter, format the reporting’s according to the written requests of the National Ozone Unit.
- Based on the registers data’s, within the 30th of March of each year, the National Ozone Unit drafts the annual report which includes:
a) data’s for natural or legal persons, importers, exporters or users of ozone depleting substances;
b) the quantity and type of ozone depleting substances, as defined in appendixes 1 and 2, enclosed to this decision, which have entered the Albanian Republic territory;
c) the quantity and type of ozone depleting substances, defined in appendixes 1 and 2, enclosed to this decision, that are recycled and refined within the country;
ç) the quantity and type of ozone depleting substances that are available in the storehouses until this date;
d) the quantity and type of ozone depleting substances and of the equipment’s that use such substances, available in the states storages until the 30th of March, blocked by the customs bodies.
dh) the quantity and type of ozone depleting substances, included in appendixes 1 and 2 of this decision that are requested to be imported during the year.
CHAPTER VI IMPLEMENTATION- Natural or legal persons, provided with an environmental license pursuant to this decision, are subject of control by the Environmental Inspectorate.
- The Ministry of Environment and the Customs General Directorate are in charge of implementing this decision.
This decision enters into force after its publication in the Official Journal and extends its effects from the September 1st 2005.PRIME MINISTER Fatos Nano APPENDIX 1
OZONE DEPLETING SUBSTANCES LIST
| OZONE DEPLETING SUBSTANCES | CHEMICAL FORMULA | SYMBOL | OZONE DEPLETING POTENTIAL | CODE NC |
| Annex A, Group I; Chlorofluorocarbons | ||||
| Trichlorofluoromethane | CFCl3 | CFC – 11 | 1.0 | 2903.41.00 |
| Dichlorodifluromethane | CF2Cl2 | CFC – 12 | 1.0 | 2903.42.00 |
| Trichlorotrifluoroethane | C2F3Cl3 | CFC – 113 | 0.8 | 2903.43.00 |
| Dichlorotetrafluoroethane | C2F4Cl2 | CFC – 114 | 1.0 | 2903.44.10 |
| Chloropentafluoroethene | C2F5Cl | CFC – 115 | 0,6 | 2903.44.90 |
| Annex A, Group II; Halons | ||||
| Bromochlorodifluoromethane | CF2BrCl | Halon-1211 | 3.0 | 2903.46.10 |
| Bromotrifluoromethane | CF3Br | Halon-1301 | 10.0 | 2903.46.20 |
| Dibromotetrafluoroethane | C2F4Br2 | Halon-2402 | 6.0 | 2903.46.90 |
| Annex B, Group I; Other fully halogenated Chlorofluorocarbons | ||||
| Chlorotrifluoromethane | CF3Cl | CFC – 13 | 1.0 | 2903.45.10 |
| Pentachlorofluoroethane | C2FCl5 | CFC – 111 | 1.0 | 2903.45.15 |
| Tetrachlordifluoroethane | C2F2Cl4 | CFC – 112 | 1.0 | 2903.45.20 |
| Heptachlorofluoropropane | C3FCl7 | CFC – 211 | 1.0 | 2903.45.25 |
| Hexachlorodifluoropropane | C3F2Cl6 | CFC – 212 | 1.0 | 2903.45.30 |
| Pentachlorotrifluropropane | C3F3Cl5 | CFC – 213 | 1.0 | 2903.45.35 |
| Tetrachlorotetrafluoropropane | C3F4Cl4 | CFC – 214 | 1.0 | 2903.45.40 |
| Trichloropentafluoropropane | C3F5Cl5 | CFC – 215 | 1.0 | 2903.45.45 |
| Dichlorophexafluoropropane | C3F6Cl2 | CFC – 215 | 1.0 | 2903.45.50 |
| Chloroheptafluoropropane | C3F7Cl | CFC – 217 | 1.0 | 2903.45.55 |
| Annex B, Group II; Carbon Tetrachloride | ||||
| Carbon Tetrachloride | CCl4 | Carbon Tetrachloride | 1.1 | 2903.14.00 |
| Annex B, Group II; Trichloroethane – 1,1,1 | ||||
| Trichloroethane – 1,1,1 | C3H3Cl3 | Trichloroethane – 1,1,1(Methyl chloroform) | 0.1 | 2903.19.10 |
| Annex C, Group I; Not halogenated Hydrochlorofluorocarbons | ||||
| Dichlorofluoromethane | CHFCl 2 | HCFC – 21 | 0.04 | 2903.49.10 |
| Dichlorodifluromethane | CHF2Cl | HCFC – 22 | 0.055 | 2903.49.10 |
| Chlorofluoromethane | CH2FCl | HCFC – 31 | 0.02 | 2903.49.10 |
| Tetrachlorodifluoroethane | C2HFCl4 | HCFC – 121 | 0.01 – 0.04 | 2903.49.10 |
| Trichlorodifluoroethane | C2HF2Cl3 | HCFC – 122 | 0.02 – 0.08 | 2903.49.10 |
| Dichlorotrifluoroethane | C2HF3Cl2 | HCFC – 1233) | 0.02 – 0.06 | 2903.49.10 |
| Chlorotetrafluoroethane | C2HF4Cl | HCFC – 1243) | 0.02 – 0.04 | 2903.49.10 |
| Trichlorofluoroethane | C2H2FCl3 | HCFC – 131 | 0.007 – 0.05 | 2903.49.10 |
| Dichlorodifluoroethane | C2H2F2Cl2 | HCFC – 132 | 0.008 – 0.05 | 2903.49.10 |
| Chlorotrifluoroethane | C2H2F3Cl | HCFC – 133 | 0.02 – 0.06 | 2903.49.10 |
| Dichlorofluoroethane | C2H3FCl2 | HCFC – 141 | 0.005 – 0.07 | 2903.49.10 |
| Dichlorofluoroethane | CH3FCl2 | HCFC – 141b3) | 0.11 | 2903.49.10 |
| Chlorodifluoroethane | C2H3F2Cl | HCFC – 142 | 0.008 – 0.07 | 2903.49.10 |
| Chlorofluoroethane | CH3F2Cl | HCFC – 142b3) | 0.065 | 2903.49.10 |
| Chlorofluoroethane | C2H4FCl | HCFC – 151 | 0.003 – 0.005 | 2903.49.10 |
| Hexachlorofluoropropane | C3HFCl6 | HCFC – 221 | 0.015 – 0.07 | 2903.49.10 |
| Pentachlorodifluoropropane | C3HF2Cl5 | HCFC – 222 | 0.010 – 0.090 | 2903.49.10 |
| Tetrachlorotrifluoropropane | C3HF3Cl4 | HCFC – 223 | 0.01 – 0.080 | 2903.49.10 |
| Trichlorotetrafluoropropane | C3HF4Cl3 | HCFC – 224 | 0.01 – 0.090 | 2903.49.10 |
| Dichloropentafluoropropane | C3HF5Cl2 | HCFC – 225 | 0.02 – 0.070 | 2903.49.10 |
| Dichloropentafluoropropane | CF3CF2CHCl2 | HCFC – 225ca3) | 0.025 | 2903.49.10 |
| Dichloropentafluoropropane | CF2ClCF2CHClF | HCFC – 225cb3) | 0.033 | 2903.49.10 |
| Chlorohexafluoropropane | C3HF6Cl | HCFC – 226 | 0.02 – 0.1 | 2903.49.10 |
| Pentachlorofluoropropane | C3H2FCl5 | HCFC – 231 | 0.05 – 0.09 | 2903.49.10 |
| Tetrachlorodifluoropropane | C3H2F2Cl4 | HCFC – 232 | 0.008 – 0.10 | 2903.49.10 |
| Trichlorotrifluoropropane | C3H2F3Cl3 | HCFC – 233 | 0.007 – 0.23 | 2903.49.10 |
| Dichlorotetrafluoropropane | C3H2F4Cl2 | HCFC – 234 | 0.01 – 0.28 | 2903.49.10 |
| Chloropentafluoropropane | C3H2F5Cl | HCFC – 235 | 0.03 – 0.52 | 2903.49.10 |
| Tetrachlorofluoropropane | C3H3FCl4 | HCFC – 241 | 0.004 – 0.09 | 2903.49.10 |
| Trichlorodifluoropropane | C3H3F2Cl3 | HCFC – 242 | 0.005 – 0.13 | 2903.49.10 |
| Dichlorotrifluoropropane | C3H3F3Cl2 | HCFC – 243 | 0.007 – 0.12 | 2903.49.10 |
| Chlorotetrafluoropropane | C3H3F4Cl | HCFC – 244 | 0.009 – 0.14 | 2903.49.10 |
| Trichlorofluoropropane | C3H4FCl3 | HCFC – 251 | 0.001 – 0.01 | 2903.49.10 |
| Dichlorodifluoropropane | C3H4F2Cl2 | HCFC – 252 | 0.005 – 0.04 | 2903.49.10 |
| Chlorotrifluropropane | C3H4F3Cl | HCFC – 253 | 0.003 – 0.03 | 2903.49.10 |
| Dichlorofluoropropane | C3H4F2Cl2 | HCFC – 261 | 0.002 – 0.02 | 2903.49.10 |
| Chlorodifluoropropane | C3H4F3Cl | HCFC – 262 | 0.002 – 0.02 | 2903.49.10 |
| Chlorofluoropropane | C3H5FCl | HCFC – 271 | 0.001 – 0.03 | 2903.49.10 |
| Annex C, Group II; Hydrobromofluorocarbons | ||||
| Dibromofluoromethane | CHFBr2 | 1.0 | 2903.49.20 | |
| Bromodifluoromethane | CHF2Br | HCFC – 22B1 | 0.74 | 2903.49.20 |
| Bromofluoromethane | CH2FBr | 0.73 | 2903.49.20 | |
| Tetrabromofluoroethane | C2HFBr4 | 0.3 – 0.8 | 2903.49.20 | |
| Tribromodifluoroethane | C2HF2Br3 | 0.5 – 1.8 | 2903.49.20 | |
| Dibromotrifluoroethane | C2HF3Br2 | 0.4 – 1.6 | 2903.49.20 | |
| Bromotetrafluoroethane | C2HF4Br | 0.7 – 1.2 | 2903.49.20 | |
| Tribromofluoroethane | C2H2FBr3 | 0.1 – 1.1 | 2903.49.20 | |
| Dibromodifluoroethane | C2H2F2Br2 | 0.2 – 1.5 | 2903.49.20 | |
| Bromotrifluoroethane | C2H2F3Br | 0.7 – 1.6 | 2903.49.20 | |
| Dibromofluoroethane | C3H3FBr3 | 0.1 – 1.7 | 2903.49.20 | |
| Bromodifluoroethane | C2H3F2Br | 0.2 – 1.1 | 2903.49.20 | |
| Bromofluoroethane | C2H4FBr | 0.07 – 0.1 | 2903.49.20 | |
| Hexabromofluoropropane | C3HFBr6 | 0.3 – 1.5 | 2903.49.20 | |
| Pentabromodifluoropropane | C3HF2Br5 | 0.2 – 1.9 | 2903.49.20 | |
| Tetrabromotrifluoropropane | C3HF3Br4 | 0.3 – 1.8 | 2903.49.20 | |
| Tribromotetrafluoropropane | C3HF4Br3 | 0.5 – 2.2 | 2903.49.20 | |
| Dibromopentafluoropropane | C3HF5Br2 | 0.9 – 2.0 | 2903.49.20 | |
| Bromohexafluoropropane | C3HF6Br | 0.7 – 3.3 | 2903.49.20 | |
| Pentabromofluoropropane | C3H2FBr5 | 0.1 – 1.9 | 2903.49.20 | |
| Bromotrifluoropropane | C3H2F3Br3 | 0.2 – 5.6 | 2903.49.20 | |
| Dibromotetrafluoropropane | C3H2F4Br2 | 0.3 – 7.5 | 2903.49.20 | |
| Bromopentafluoropropane | C3H2F5Br | 0.9 – 1.4 | 2903.49.20 | |
| Tetrabromofluoropropane | C3H3FBr4 | 0.08 – 1.9 | 2903.49.20 | |
| Tribromodifluoropropane | C3H3F2Br3 | 0.1 – 3.1 | 2903.49.20 | |
| Dibromotrifluoropropane | C3H3F3Br2 | 0.1 – 2.5 | 2903.49.20 | |
| Bromotetrafluoropropane | C3H3F4Br | 0.3 – 4.4 | 2903.49.20 | |
| Tribromofluoropropane | C3H4FBr3 | 0.03 – 0.3 | 2903.49.20 | |
| Dibromodifluoropropane | C3H4F2Br2 | 0.1 – 1.0 | 2903.49.20 | |
| Bromotrifluoropropane | C3H4F3Br | 0.07 – 0.8 | 2903.49.20 | |
| Dibromofluoropropane | C3H5FBr2 | 0.04 – 0.4 | 2903.49.20 | |
| Bromodifluoropropane | C3H5F2Br | 0.07 – 0.8 | 2903.49.20 | |
| Bromofluoropropane | C3H6FBr | 0.02 – 0.7 | 2903.49.20 | |
| Annex E, Group I;Methyl Bromide | ||||
| Methyl Bromide | CH3Br | 0.7 | 2903.30.33 |
- Aerosol Products
- Perfumes, Cosmetics or Make up products
| 3303 00 10 – 3303 00 90 | 3306 10 00 – 3306 90 00 |
| 3304 30 00 | 3307 10 00 – 3307 30 00 |
| 3304 99 00 | 3307 49 00 |
| 3305 10 00 – 3305 90 90 | 3307 90 00 |
- Repellents, rodenticides, fungicide and herbicides
| 3808 10 10 – 3808 10 90 | 3808 40 10 – 3808 40 90 |
| 3808 20 10 – 3808 20 80 | 3808 90 10 – 3808 90 90 |
| 3808 30 11 – 3808 30 90 |
- Preparations and shipments for fire extinguishers, shipments for shells/grenades
3813 00 00
- Anti-freezer preparations and fluids prepared for ice melting
3820 00 00
- Fire extinguishers
8424 10 10 – 8424 10 99
- Refrigeration equipment /clothing, Panels and pipes
| 3917 21 10 – 3917 40 90 | 3925 10 00 – 3925 90 80 |
| 3920 10 21 – 3920 99 90 | 3926 90 10 – 926 90 99 |
| 3921 11 00 – 3921 90 90 |
- Automobile, truck and other vehicles air-conditioning units
| Chapters | 8704 |
| 8705 | |
| 8706 |
- Domestic and commercial refrigeration and air-conditioning and heat pump
- Refrigerators and freezers, air conditioning
| 8418 10 10 – 8418 29 00 | 8418 50 11-8418 50 99 |
| 8418 30 11 – 8418 30 99 | 8418 61 10-8418 61 99 |
| 8418 40 10 – 8418 40 99 |
- Drier
| 8415 10 00 – 8415 81 90 | 8479 89 10 |
| 8479 60 00 | 8479 89 98 |
- Water Coolers and gas liquefied unit
| 8419 60 00 |
| 8419 89 98 |
- Air conditioning and heat pump
8415 99 10 – 8418 99 90
APPENDIX 4: ANNUAL QUOTES OF THE OZONE DEPLETING SUBSTANCAE IMPORTED UNTIL THE YEAR 2010| Year | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 | 2010 |
| Consume, ODP ton | 68 | 61.2 | 33.2 | 15.2 | 6.2 | 2.2 | 2.20 | 0 |
| Annual consumption reduced quantity, ODP ton | 0 | 6,8 | 28 | 9 | 4 | 2,2 | 0 | 0 |